Maharashtra : Told his child to be alien to save councilor, did not get relief even from Supreme Court


The Supreme Court in a judgment on Monday said that political ambitions should not expose one's child to a foreigner. While making this remark, the court upheld the disqualification of a woman leader of Shiv Sena. His election as a corporation in Maharashtra's Solapur Municipal Corporation was canceled for having more than two children.

Dismissing the petition filed by Anita Magar, a bench of Justices Sanjay Kishan Kaul and Hemant Gupta said that just because you wanted to be elected, you 'rejected' your child. Don't reject your children just because you wanted to win elections and get a political position. Magar had challenged the Bombay High Court order which held that there was sufficient evidence that Magar and her husband had three children on the date of filing of nomination papers, hence the state government's rule of two children to run for public office. He was disqualified under

Petitioner's claim, the third child of husband's brother

During the hearing in the Supreme Court, counsel appearing for Magar claimed that Magar has only two biological children and the third child is of the husband's brother. The lawyer said that the court should intervene in the interest of the child as now the question has been raised on his parents. The lawyer said that the name of the parents of the child is different in the birth certificate of the child, but the High Court considered Magar and her husband to be the parents of the child. Therefore, keeping in mind the interests of the child, there is a need to consider this matter.

The dissatisfied bench said the story made to win elections

The bench was completely dissatisfied with the arguments of the counsel. Dismissing Magar's plea, the bench said that you had created this story to win the election. According to the school records, Magar is his mother. The birth certificate was later changed. All this was done to meet the legal requirements. The court told Magar that we cannot help you. You should think about your child.

Was victorious in the election of councilor, the lower court had canceled

On May 24, the Bombay High Court had upheld the lower court's 2018 order quashing Magar's election as a councilor of the Solapur Municipal Corporation in the 2017 elections. Magar and three others contested from a ward in Solapur and Magar emerged victoriously. Thereafter the candidate who stood second in the election challenged the election result and filed an election petition in Solapur Civil Court. The election petition said that Magar's election should be annulled under section 10(1)(i) of the Maharashtra Municipal Corporation Act, 1949 as a person would be disqualified for election to a councilor if he had more than two children. . On this petition, the trial court had annulled Magar's election in the year 2018.